LRB-4285/1
DAK:skg:km
1995 - 1996 LEGISLATURE
December 12, 1995 - Introduced by Representatives Brandemuehl, Ryba, Urban,
Ainsworth, Huber, Kelso, Freese, Johnsrud, Bock, Ott, Notestein, Olsen
and Silbaugh, cosponsored by Senator Buettner. Referred to Committee on
Consumer Affairs.
AB733,1,3
1An Act to amend 20.435 (1) (gm); and
to create 252.23 of the statutes;
relating
2to: regulation of tattooing, granting rule-making authority and making an
3appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person who tattoos a child is subject to a forfeiture of up
to $200, unless the person is a physician acting in the course of his or her professional
practice.
This bill provides the department of health and social services (DHSS) with
authority to license and regulate tattooists and to inspect and regulate tattoo
establishments. The bill prohibits a person from tattooing or attempting to tattoo
another, from designating or representing himself or herself as a tattooist and from
assuming the title of "tattooist" unless the person is licensed by DHSS. The bill
requires DHSS to promulgate rules establishing standards and procedures,
including fee payments, for the annual issuance of licenses for tattooists and
standards for tattooing. Lastly, the bill exempts from DHSS regulation tattooing
that is performed by physicians in the course of their professional practice.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB733,2,7
120.435
(1) (gm)
Licensing, review and certifying activities. The amounts in the
2schedule for the purposes specified in ss. 50.135, 50.49 (2) (b), 146.50 (8), 250.05 (6),
3252.23, 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39, 254.47, 254.61 to
4254.89 and 255.08 (2), subch. IV of ch. 50 and ch. 150. All moneys received under ss.
550.135, 50.49 (2) (b), 50.93 (1) (c), 146.50 (8) (d), 150.13, 250.05 (6),
252.23 (3) (a), 6254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89 and
7255.08 (2) (b) shall be credited to this appropriation.
AB733, s. 2
8Section
2. 252.23 of the statutes is created to read:
AB733,2,9
9252.23 Regulation of tattooists. (1)
Definitions. In this section:
AB733,2,1010
(a) "Tattoo" has the meaning given in s. 948.70 (1) (b).
AB733,2,1211
(b) "Tattoo establishment" means the premises where a tatooist performs
12tattoos.
AB733,2,1313
(c) "Tattooist" means a person who tattoos another.
AB733,2,16
14(2) Department; authority. The department may provide uniform, statewide
15licensing and regulation of tattooists and uniform, statewide inspection and
16regulation of tattoo establishments under this section.
AB733,2,19
17(3) License required. Except as provided in sub. (5), no person may tattoo or
18attempt to tattoo another, designate or represent himself or herself as a tattooist or
19use or assume the title "tattooist" unless the person is licensed under this section.
AB733,2,20
20(4) Rule making. The department shall promulgate all of the following as rules:
AB733,2,2321
(a) Standards and procedures, including fee payment to offset the cost of
22licensing tattooists, for the annual issuance of licenses as tatooists to applicants
23under this section.
AB733,3,224
(b) Standards for the performance of tattoos by a licensed tattooist, which will
25promote safe and adequate care and treatment for individuals who receive tattoos
1and eliminate or greatly reduce the danger of exposure by these individuals to
2communicable disease or infection.
AB733,3,4
3(5) Exception. This section does not apply to a physician who tattoos or offers
4to tattoo a person in the course of the physician's professional practice.
AB733, s. 3
6Section
3.
Effective dates. This act takes effect on October 1, 1996, except
7as follows:
AB733,3,9
8(1)
The treatment of section 252.23 (3) of the statutes takes effect on the day
9after publication.
